April 26, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 26, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

Chair Buck Nordlof called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Buck Nordlof, Jon Waibel and Cody Hasbargen. Also present was County Auditor/Treasurer Lorene Hanson. Absent: Commissioner Ed Arnesen who was on County business testifying to State Legislators.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following changes: Add: Permission to advertise, interview, and hire Social Worker for Social Services, Williams School Building.

Approval of Minutes

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from April 12,2022.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $2,885.54; Commissioners Warrants $4,347.37; Commissioners Warrants $13,824.63.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $53,749.85; Road & Bridge $19,609.16; County Development $200.00; Solid Waste $10,079.96.

WARRANTS FOR PUBLICATION WARRANTS

  Approved On 4/26/2022 For Payment 4/29/2022

Vendor Name Amount

CARRIFF Engineered Fabrics Corporation 2,387.43 

Counties Providing Technology 3,972.00

Integris DBA 2,050.95

Larkin Hoffman Attorneys 10,078.50

Northwest Tire Inc 10,324.80

Quality Decorating LLC 2,645.00 

Skinner Roofing 2,824.63 

The Brink Center DBA 20,000.00 

U.S. Bank Equipment Finance 6,268.50 

41 Payments less than 2000 23,087.16

Final Total: 83,638.97

Further moved to authorize the payment of the following auditor warrants: April 11, 2022 for $397,253.13; April 13, 2022 for $14,832.94; April 20, 2022 for $68,814.82.

County Government Appreciation Day

Resolution

Resolution Adopting

County Government Appreciation Day

Resolution   2022-04- 02

The following Resolution was proposed and moved for adoption by Commissioner Jon Waibel:

A RESOLUTION

Commending the commitment and dedication to public service excellence of county staff and officials by proclaiming April 26 County Government Appreciation Day.

WHEREAS, Minnesota’s 87 counties employ over 36,000 people to provide essential services to create healthy, safe and vibrant communities; and

WHEREAS, the work of county employees is fundamental, whether it’s a newborn well-check by a public health nurse, a passport renewal at a license center, or voter registration and ballot processing; and 

WHEREAS, through their commitment to public service, county employees dedicate their time, skills, and expertise for the benefit of their neighbors, and at times, risk their personal safety coordinating emergency management and managing justice and public safety systems; and 

WHEREAS, the vital work of counties promotes healthy communities, fosters conditions for economic growth, strengthens infrastructure, and improves residents’ quality of life; now, therefore,

BE IT RESOLVED, the Lake of the Woods County Board of Commissioners recognizes the commitment and dedication to public service excellence of county staff and officials and proclaim April 26 County Government Appreciation Day.

The motion was seconded by Commissioner Cody Hasbargen, and the same being put to a vote, was unanimously carried. 

Williams School

The board discussed options for boarding up or covering openings at the school to prevent intruders from getting in and the possibility of the school building being demolished in the near future. It was the consensus to replace and board up the openings at this time.

Public Works

Assistant Engineer Boyd Johnson gave an update on various projects and the flooding in the area. 

Set Work Session

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Cody Hasbargen and carried unanimously to set a work session for May 10, 2022 after the regular meeting for solid waste.

Department of Natural Resources

North West Regional Director Theresa Ebbenga and NW and Southern Regional Supervisor Lands and Minerals Cheryl Kelley-Dobie talked with the board about a list of land they received back in 2017 from Lake of the Woods County. They also gave information from statutes in regards to the acquisition of the Carp swamp addition land that has been discussed with Scott Laudenslager in previous meetings. The board would like more information on the list of land when all members are present.

Set Work Session

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to set a work session with the DNR for June 28, 2022. 

Human Resources

Permission to Advertise, Interview and Hire

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the request to advertise, interview and hire a social worker in the social services department at Grade 13, Step 1 at 298 points.

Amend Agenda

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to add a declaration of emergency resolution, and set department head review date to the agenda.

Set Work Session

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Joe Grund and carried unanimously to set a work session for May 10, 2022 to create department head reviews. 

Recess

A brief recess took place at 10:20 a.m. and reconvened at 10:25 a.m.

Emergency Management

Emergency Management Director Jill Olson asked the board to approve a resolution stating a declaration of emergency to receive funds for the flood clean up and for Chair Buck Nordlof to sign the same.

Resolution

The following resolution was offered by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and moved for adoption: 

RESOLUTION

DECLARATION OF EMERGENCY

Resolution No. 22-04-03

WHEREAS; the April 23, 2022 Severe Weather and Flooding event impacted the population of Lake of the Woods County and its cities, and;

WHEREAS; the April 23, 2022 Severe Weather and Flooding event has caused a significant amount of public property damage, and;

WHEREAS; the Lake of the Woods County Department of Emergency Management requests the Lake of the Woods County Board of Commissioners to declare Lake of the Woods County in a STATE OF EMERGENCY for the April 23, 2022 Severe Weather and Flooding event of 2022.

NOW, THEREFORE, BE IT RESOLVED, that the Lake of the Woods County Board of Commissioners declares Lake of the Woods County in a STATE OF EMERGENCY for conditions resulting from the April 23, 2022 Severe Weather and Flooding event of 2022.

Assessors

County Assessor Alisa Jacobsen discussed the recent valuations and explained the county wide increase that occurred this year. Consensus was made by the board to mail the information explaining the reason for the change to everyone and to also publish it in the newspaper. 

Amend Agenda

Motion

Motion was made by Commissioner Cody Hasbargen seconded by Commissioner Joe Grund and carried unanimously to add approval to purchase software and hardware to the agenda.

Approval to Purchase

County Assessor Alisa Jacobsen is requesting approval to purchase new software and tablets that would allow the assessors to input information at the property being assessed. The software would cost $3,000 to set up and then a monthly fee of $114.00 to be paid out of the recorders enhancement fund.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the purchase of software with CamaMobile and hardware for the assessor’s office.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 10:55 am.

Attest: May 10, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair James “Buck” Nordlof

 April 12, 2022

The Lake of The Woods County Board of Commissioners met in regular session on Tuesday, April 12, 2022 at Lake of the Woods County Government Center in the Commissioners’ Room.

Call To Order

Chair Buck Nordlof called the meeting to order at 9:00a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Buck Nordlof, Jon Waibel and Ed Arnesen. Also present was County Auditor/Treasurer Lorene Hanson. Absent was: Commissioner Cody Hasbargen.

Approval of Agenda

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously by roll call to approve the agenda with the following changes: Move public hearing to 10:00 a.m. as was published in the newspaper and approved at the meeting on March 8^th,2022. Add: Legislative update, Resolution for 911/Emergency Response Center.

Union Negotiations

Motion 

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the regular meeting at 9:05 a.m. and open the closed session pursuant to MN Statute 13D.03 Union Negotiations. The following were present: Commissioners: Joe Grund, Buck Nordlof, Jon Waibel, Ed Arnesen, County Auditor/Treasurer Lorene Hanson, County Attorney James Austad, Sheriff Gary Fish, and Human Resources Director Savanna Slick. Joining by phone was: Kristi Hastings.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to close the closed session at 9:15 a.m. and open the regular meeting.

Approval of Minutes

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the minutes from March 22,2022.

Human Resources

Human Resources director Savannah Slick asked the board to approve a grade increase for Deputy Jason Goulet. He is currently Grade 11, 26.25 per hour, Step 11 at 262 points.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve Jason Goulet at Grade 12, $27.70 per hour, Step 11 at 282 points.

Auditor/Treasurer

Claims

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the claims against the County as follows: Revenue $127,912.00; Road & Bridge $35,565.92; Solid Waste $40,173.69; EDA $12,214.28.

WARRANTS FOR PUBLICATION

Warrants Approved On 4/12/2022 For Payment 4/15/2022

Vendor Name Amount

Cenex Co-Op Services, Inc. 19,674.86 

Compass Minerals America 4,833.63

Happy Tree Productions 8,890.00 

Howard’s Oil Company 5,899.28 

KRIS Engineering Inc 3,478.06

Lake of the Woods Electric LLC 6,529.06

Larkin Hoffman Attorneys 14,040.50

LOW Highway Dept 3,710.00 

Mar-Kit Landfill 17,850.00 

Mn Counties Computer Co-Op 18,617.59

Mn State Dept-Correction 23,270.92 

Northern Sports & Machine – Dba 33,938.00 

R & Q Trucking, Inc 4,888.00 

Thortsen Trucking, Inc/Dale 3,992.52 

University Of Mn 9,618.63 

Voyageurs Comtronics, Inc 2,640.00 

Wex Bank 2,051.74 

74 Payments less than 2000 31,943.10

Final Total: 215,865.89

Further moved to authorize the payment of the following auditor warrants: March 23,2022 for $16,354.69; March 30,2022 for $2,277.79; April 6, 2022 for $110,274.42.

Legislative Update

Commissioner Ed Arnesen updated the board on various topics that included: NWA funding, Federal Funding for Law Enforcement, and Tourism.

Social Services

Claims

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve the following claims: Commissioners Warrants $14,233.85; Commissioners Warrants $4,496.42; Commissioners Warrants $16,563.35.

Correspondence

A letter recognizing the Lake of the Woods County Board and staff for a perfect performance in meeting the Department of Human Services (DHS) financial reporting requirements for calendar year 2021 was presented. 

911/Emergency Response Center

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve the support of federal funding for the 911 Emergency Response Center and for a resolution to be drafted by County Attorney James Austad and for Chair Buck Nordlof to sign the same. 

Emergency Management

Permission to Pay for Services

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to approve payment in the amount of $1,600.00 to DSC Communications for programming support services.

FirstNet by AT&T

Emergency Management director Jill Hasbargen Olson, and MIS Tech John Butenhoff came to the board to request approval to change Law Enforcement services from Verizon to FirstNet by AT&T and went over the benefits of this service. They also recommend switching the County to FirstNet by AT&T.

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Jon Waibel and carried unanimously to approve FirstNet by AT&T as the new provider. 

Public Hearing-Commissioner Districts

Motion

Motion was made by Commissioner Joe Grund, seconded by Commissioner Ed Arnesen and carried unanimously to close the regular meeting and open the public hearing to re-establish Commissioner districts.

Resolution

The following resolution was offered by Commissioner Ed Arnesen and moved for adoption:

A Resolution for Adoption of County Commissioner Districts

Resolution 22-04-01

WHEREAS, Minnesota Statutes Chapter 375 establishes the procedure and requires a process for redistricting County Commissioner districts based on population figures from the Federal Census; and,

WHEREAS, Minnesota Statute section 204B.135, subd. 2 requires that County Commissioner Districts be redistricted within 80 days of when the legislature has been redistricted or at least 15 weeks before the state primary election, whichever comes first; and,

WHEREAS, pursuant to these statutes the 2020 Federal Census population figures shall be used to redistrict the Lake of the Woods County Commissioner Districts by April 26, 2022, and that Commissioner Districts shall be bounded by town, municipal, ward, city district, or precinct lines; and,

WHEREAS, the Lake of the Woods County Board of Commissioners has considered the possibility or potential for maximizing minority representation on the board of commissioners; and,

WHEREAS, Lake of the Woods County published a three week notice in the newspaper having the contract for publishing the commissioner’s proceedings for the county for 2022; and,

WHEREAS, Lake of the Woods County conducted a public meeting on redistricting on April 12, 2022:

NOW, THEREFORE BE IT RESOLVED that the Lake of the Woods County Board of Commissioners hereby redistricts the County of Lake of the Woods, following town, municipal, ward, city district, or precinct lines as reestablished in March, 2022, and reestablishes the length of terms as follows:

Commissioner District 1 (4-year term, 2022 election)

Lake of the Woods Commissioner District 1 consists of that portion of Baudette Township that lies East of the Winter Road River and East of County Road 75, south of where it intersects the Winter Road River; and that portion of the City of Baudette that lies West of the Baudette River, excluding the North ½ of the Southwest ¼

of Section 2, and the Northwest ¼ of the North ½ of Section 3, and the North ½ of the Southwest ¼ of Section 3, and the North ½ of the Northeast ¼ of Section 10 in Spooner Township.

Commissioner District 2 (4-year term, 2024 election)

Lake of the Woods Commissioner District 2 consists of Gudrid Township, Rapid River Township, Unorganized Township 157-30, Unorganized Township 158-30, Boone Township, Swiftwater Township, Kiel Township, and that portion of Baudette that lies East of the Baudette River, excluding the North ½ of the Southeast ¼ of Section 2 in Spooner Township.

Commissioner District 3 (4-year term, 2022 election)

Lake of the Woods Commissioner District 3 consists of the City of Williams, Walhalla Township, Potamo Township, Rulien Township, Victory Township, Forest Area, that portion of Spooner Township not already defined in Districts 1 and 2, and that portion of McDougald Township lying South of State Trunk Highway 11.

Commissioner District 4 (4-year term, 2024 election)

Lake of the Woods Commissioner District 4 consists of Wheeler Township, Wabanica Township, that portion of McDougald Township lying North of State Trunk Highway 11, and that portion of Baudette Township lying West of County Road 75, south of where it intersects the Winter Road River and West of the Winter Road River, north of where it intersects County Road 75.

Commissioner District 5 (4-year term, 2024 election)

Lake of the Woods Commissioner District 5 consists of Lakewood Township, Prosper Township, Zippel Township, Myhre Township, Chilgren Township, Northwest Angle and Islands, and that portion of the City of Roosevelt that lies in Lake of the Woods County.

BE IT RESOLVED that the County Auditor-Treasurer is directed to keep the redistricting plan on file by May 3, 2022, to be effective on June 3, 2022, for the 2022 primary and general election and publish in the Northern Light Region.

BE IT FINALLY RESOLVED that the districts are, for illustrative purposes, identified in a map of the county attached hereto and marked Exhibit A which by reference is hereby made a part hereof.

The resolution was seconded by Commissioner Jon Waibel the same being put to a vote, was unanimously carried.

Public Works

Approval of SAP 039-649-005

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Joe Grund and carried unanimously to approve project SAP 039-649-005, graveling of NWA, in the amount of $75,000.33 from state aid.

Approval of SAP 039-594-002

Motion

Motion was made by Commissioner Jon Waibel, seconded by Joe Grund and carried unanimously to grant a conditional approval for the main street north block project SAP 039-594-002 in the amount of $1,398,904.00 and for City Council to approve. 

Approval of Bid for SAP 039-630-001

Motion

Motion was made by Commissioner Jon Waibel, seconded by Ed Arnesen and carried unanimously to approve the bid for SAP 039-630-001, road to Wabanica, from Davidson Construction in the amount of $190,000.00.

Recess

A brief recess took place at 10:40 a.m. and reconvened at 11:00 a.m.

Land & Water

Consideration of Conditional Use Permit #22-06CU Twin Island Sleepers, LLC

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-06CU by Denton and Jennifer Rose (Twin Island Sleepers, LLC.): Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township One-Hundred Sixty-Two (162) North, Range Thirty-Four (34) West- Parcel ID# 17.03.21.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the storage of more than five (5) fish houses and commercial winter ice fishing equipment, in a Rural Zoning District (R2).

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-06CU for Denton and Jennifer Rose (Twin Island Sleepers, LLC.) to allow storage of fish houses and ice fishing equipment in a Rural Zoning District (R2) with the following Conditions:

1. Limited to one-hundred (100) Fish House Units- can include Wheel Houses
2. No Habitation
3. Must maintain fifty (50) foot natural vegetative buffer beyond the road right of way and on east side of the property.
4. Conditional Use Permit expires on sale of property

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Denton and Jennifer Rose (Twin Island Sleepers, LLC) Date:  April 12, 2022

Location/Legal Description:  Government Lot Three (3) & Government Lot Four (4) in Section Three (3), Township One-hundred Sixty-two (162) North, Range Thirty-four (34) West – Parcel ID# 17.03.21.000

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C and Section 402.1 of the Lake of the Woods County Zoning Ordinance, for the storage of more than five (5) fish houses and commercial winter ice fishing equipment, in a Rural Residential Zoning District (R2).  

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES ( X ) NO (  )  N/A (  )

Why or why not? Out of view fish house storage

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES ( X )  NO (  )  N/A (  )

Why or why not? Remove some vegetative cover only

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

7. Is the site in harmony with existing and proposed access roads?     YES ( X )  NO (  )  N/A (  )

Why or why not? Adjacent to County Road 11

8. Is the project proposal compatible with adjacent land uses? YES ( X )  NO (  )  N/A (  )

Why or why not? Rural Residential (R2) Zoning District

9. Does the project proposal have a reasonable need to be in a shoreland location?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

Why or why not? Vegetative to road and to the east; Every access to be gated

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

YES ( X )  NO (  )  N/A (  )

Why or why not? Requesting 2 4’x8’ signs

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( X )  NO (  )  N/A (  )

Why or why not? No parking on site needed

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

1. Limited to one-hundred (100) Fish house units – can include wheel houses.
2. No habitation of fish houses or wheeled houses during storage.
3. Must maintain fifty (50) foot natural vegetative buffer beyond the road right-of-way and on east side of the property in order to provide screening during summer leaf on conditions.
4. Units to be stored must not be located within the fifty (50) foot buffer as indicated in item #3 above.
5. The Conditional Use Permit terminates upon sale or transfer of the property.

Approved  as Presented  (   ) Approved with Conditions  (X) Denied  (  )

April 12, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit #22-07CU The Guide Shack, LLC.

Land and Water Director Josh Stromlund met with the board and presented a Consideration of Conditional Use Permit #22-07CU by The Guide Shack, LLC: Part of Government Lot Five (5) being part of Outlot A of Brush Island according to the plat thereof on file in the office of the County Recorder. Parcel ID# 03.51.50.014 in Section Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three (33) West. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2). Lake of the Woods is a General Development Lake.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact/Conditional Use Permit #22-07CU by The Guide Shack, LLC to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2) with the following conditions:

1. Quiet time from 10PM-8AM
2. Occupancy to be based on septic size to a maximum of 12 people
3. Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional capacity
4. Contact information must be provided for complaints, emergencies, and septic
5. Conditional Use Permit expires on sale of property
6. Meet all MDH guidelines
7. Septic system As-built and/or site design to occur by July 31, 2022

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: The Guide Shack, LLC Date:  April 12, 2022

Location/Legal Description:  Part of Government Lot Five (5) being part of Outlot A of Brush Island according to the plat thereof on file in the office of the County Recorder. – Parcel ID# 03.51.50.014 in Section Twenty-nine (29), Township One-Hundred Sixty-eight (168) North, Range Thirty-three (33) West

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow commercial use of the property consisting of a short-term transient rental property, in a Rural Residential Zoning District (R2). Lake of the Woods is a General Development Lake.

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES ( X ) NO (  )  N/A (  )

Why or why not? Recreational use

2. Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( X )  NO (  )  N/A (  )

Why or why not? No change

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

7. Is the site in harmony with existing and proposed access roads?     YES ( X )  NO (  )  N/A (  )

Why or why not? Lake access only

8. Is the project proposal compatible with adjacent land uses? YES ( X )  NO (  )  N/A (  )

Why or why not? Residential

9. Does the project proposal have a reasonable need to be in a shoreland location? YES ( X )  NO (  )  N/A (  )

Why or why not? Vacation rental- water oriented

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( X )  NO (  )  N/A (  )

Why or why not? Occupancy to be limited to septic inspection

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES ( X )  NO (  )  N/A (  )

Why or why not? No change

12. Is the site adequate for water supply and on-site sewage treatment systems? YES ( X )  NO (  )  N/A (  )

Why or why not? See #10 for septic – new well adequate 

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( X )  NO (  )  N/A (  )

Why or why not? Building a second dock

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?

YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?

YES (  )  NO ( X )  N/A (  )

Why or why not? Must mark property lines

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? 

YES ( X )  NO (  )  N/A (  )

Why or why not? One sign approximately 2’x3’

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES (  )  NO (  )  N/A ( X )

Why or why not? ___________________________________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

1. Quiet hours are from 10PM to 8AM.
2. Occupancy to be based on septic size to a maximum of 12 people.
3. Rules to be posted: quiet time, capacity limits, stay on property, no tents for additional capacity.
4. Contact information must be provided for complaints, emergencies, and septic.
5. Conditional Use Permit expires on sale or transfer of property.
6. Meet all MDH guidelines.
7. Septic system As-built and/or site design to occur by July 31, 2022.

Approved  as Presented  (   ) Approved with Conditions  (X) Denied  (  )

        April 12, 2022 _____________________________________

Date James Nordlof

        Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

RECESS

With no further business before the Board, Chair Buck Nordlof called the meeting to recess at 11:25 am.

Attest: April 26, 2022

______________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair James “Buck” Nordlof

Commissioner Proceedings

April 27, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 27, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Vice-Chair Buck Nordlof called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Jon Waibel, Cody Hasbargen, Ed Arnesen and Buck Nordlof.  Absent: Commissioner Joe Grund. Also present: County Auditor/Treasurer Lorene Hanson and County Attorney James Austad. 

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Ed Arnesen seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Public Health, MIS/Telephone Services and Wetlands.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of April 13, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following claims: Commissioners Warrants $3,334.41; Commissioners Warrants $1,396.40; Commissioners Warrants $31,584.56.

Contract with Sanford Behavioral Health for CBS Services

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the purchase of service agreement with Sanford Health Network North dba Sanford Behavioral Health Center and for Vice-Chair, Buck Nordlof and Social Services Director, Amy Ballard to sign the same.

Contract with Stellher Human Services for Youth Crisis Response

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of service agreement with Stellher Human Services, Inc. and for Social Services Director, Amy Ballard to sign the same.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Ed Arnesen and carried unanimously to approve the claims against the County as follows: Revenue $47,550.35; Road & Bridge $18,423.57; Solid Waste $11,763.37; EDA $850.98. 

WARRANTS FOR PUBLICATION

Warrants Approved On 4/27/2021 For Payment 4/30/2021

Vendor Name       Amount

Avenu Insights & Analytics 6,500.93

BAYCOM, INC. 2,150.00

Counties Providing Technology 3,910.00

DLT Solutions, LLC 6,952.44

LOW Fair Association 25,000.00

Northern Light Region 5,703.57

Remer Iron Works 3,450.00

Short Elliott Hendrickson, Inc 2,511.07

U.S. Bank Equipment Finance 6,268.50

Ziegler, Inc 2,308.84

29 Payments less than 2000                                         13,832.92

Final Total:       78,588.27

Further moved to authorize the payment of the following auditor warrants: April 14, 2021 for $11,010.31, April 21, 2021 for $13,091.29.

Liquor License – ICEHOLE Tavern

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to approve On/Off Sale and Sunday Liquor for Balili Entertainment Group Inc. for ICEHOLE Tavern, as permitted by County Sheriff, Gary Fish and County Attorney, James Austad.

Set Cartway Hearing Date, Peter Jones

It was determined that more information is needed to verify if the petition for a cartway is valid as received.  County Attorney, James Austad will research the petition and the Board will put this item back on the agenda for May 25, 2021.

Land Sale, Date and Terms of Sale

County Attorney, James Austad, requested more time to look into the sale of county owned land, parcel 19-2531-119.  This item will be back on the agenda for May 11, 2021.

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following minimum sale bids for the tax forfeited land listings, these listings did not sell during the 2019 tax forfeited land sale:

Parcel Legal Description	Pre & Post Forf. Spec. Asmts	Total Delinq. Amount Due	Estimated Market Value	2019 Minimum Sale Bid	2021 Minimum Sale Bid
62-5301-010Lot 1, Blk 1First Addition to Williams	$6,285.83	$9,451.25	$4,700	$4,000	$1,000
62-5302-030Lot 3 & S33’ Lot 2, Blk 2  First Addition to Williams	$5,398.00	$9,005.72	$9,000	$4,000	$1,000

Motion
Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the terms of sale for the tax forfeited land as follows:

TERMS FOR THE PUBLIC SALE OF TAX FORFEITED LAND
IN LAKE OF THE WOODS COUNTY

PUBLIC SALES: All tax forfeited land is offered at public auction and sold to the highest bidder. The minimum bid acceptable is the basic sale price that is shown on the list of tax forfeited land. The basic sale price is equal to or lesser than the assessed/appraised value and may include additional charges for unpaid special assessments or timber values as appraised by the Minnesota Department of Natural Resources.

PARCELS NOT SOLD AT PUBLIC AUCTION: Parcels not sold at a public sale may be purchased after the public sale by paying the basic sale price of the parcel.  The basic sale price cannot be changed unless the parcel is re-appraised, republished, and again offered at a later public sale.

FEES: The following fees will be collected at the time of sale: State Assurance Surcharge, 3%; State Deed Fee, $25.00; Deed filing fee, $25.00; Deed Recording Fee, $46.00; Well Disclosure Certificate, $50.00 (if applicable); and State Deed Tax, equal to the greater of $1.65 or 0.33% of the basic sale price. 

PAYMENT TERMS: CASH—FULL PAYMENT AT TIME OF SALE.

Payment includes timber value and certified special assessments to county.

SPECIAL ASSESSMENTS: Any special assessments certified to the county, prior to or after forfeiture, are included and must be paid by the purchaser as part of the basic sale price. It is the responsibility of the prospective buyer to contact the appropriate city to determine any special assessments not certified to the county and that may be subject to further assessment thereof. 

CONDITIONS: Sales are subject to the following restrictions on the use of the properties: existing leases, building codes and zoning laws, and easements obtained by any government subdivision or agency thereof for a public purpose. The assessed/appraised value does not represent a basis for future taxes. 

All property is sold “as is” and may not conform to current local building and zoning ordinances. Lake of the Woods County makes no warranty that the land is “buildable”. All sales are final, and no refunds or exchanges are permitted. Lake of the Woods County is not responsible for location or determining property lines or boundaries.  Access to the property is the responsibility of the buyer. 

*Lake of the Woods County is unaware of any known hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time.

Lead Warning Statement: Every purchaser of any interest in residential real property on which residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. 

*Lake of the Woods County is unaware of any known hazards or risk assessments on or available for applicable sale properties. 

Radon Warning Statement: The MN Dept. of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy and recommends having the radon levels mitigated if elevated concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of an interest in residential real property is notified that the property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any information on radon test results of the dwelling.

*Lake of the Woods County is unaware of any radon testing, records, concentration levels, or mitigation systems on or available for applicable sale properties.

TITLE: PROOF OF OWNERSHIP: The buyer will receive a receipt at the time of the sale. The Department of Revenue will issue a State quitclaim deed after full payment is made. A State deed has the characteristics of a patent from the State of Minnesota.

SETTLEMENT IS FINAL: No warranties as to physical condition of the property have been made by Seller, its Employees or Agents; any warranties of physical condition of the property are void. The Seller, its Employees or Agents, have no further responsibility or liability with respect to the condition or management of the property. 

FOR ALL LAND NOT IN A PLATTED SUBDIVISION: There are restrictive covenants required for marginal lands and wetlands including lands in Auditor’s Subdivisions (see Minnesota Statutes Section 103F.535, Subd. 2; and Section 282.018, Subd. 2.)

FORMER OWNERS: Must pay the purchase price or the amount of delinquency, whichever is more, pursuant to Minnesota Statutes Section 282.01, Subd. 7; Section 282.012; and Section 282.241.

IN ORDER TO PROTECT YOUR LEGAL INTERESTS, WE RECOMMEND THAT YOU CONSULT WITH YOUR ATTORNEY ON LEGAL MATTERS.

Resolution
The following resolution was offered by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously.

TAX FORFEITED LAND SALE

RESOLUTION NO. 21-04-01

WHEREAS; the County Board of Commissioners of the County of Lake of the Woods, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and

WHEREAS; said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

WHEREAS; that the basic sale price of each parcel on the List of Tax-Forfeited Land has been reset by the County Board of Commissioners and are on file with the County Auditor/Treasurer;

NOW, THEREFORE, BE IT RESOLVED; that the Lake of the Woods County Board of Commissioners hereby certify that the parcels of tax-forfeited land listed on the List of Tax-Forfeited Land be approved and the authorization for a public sale of this land be granted, pursuant to Minnesota Statutes 282.01;

BE IT FURTHER RESOLVED; that the sale of said Tax-Forfeited Land will be held in the Lake of the Woods County Commissioners Room, at 1:00 p.m., Tuesday, June 8, 2021, by the Lake of the Woods County Auditor/Treasurer; for not less than the basic sale price and that all sales shall be in full payment at the time of the sale.

LAKE OF THE WOODS COUNTY FAIR BOARD
Grandstand Project
The Fair Board is looking to raise approximately $100,000 more for the grandstand project, to purchase and install a canopy over the grandstand. It was the consensus of the County Board to support the grandstand project at a minimum of $50,000.  The County Board will continue to research other funding resources with the help of the Economic Development Authority and would like to have a meeting with the City of Baudette to discuss the project.

EMERGENCY MANAGEMENT

2020 Emergency Management Performance Grant Agreement 

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve the 2020 Emergency Management Performance Grant at $13,817 and for Vice-Chair Buck Nordlof and Auditor/Treasurer Lorene Hanson to sign the same.

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the 2020 Emergency Management Performance COVID-19 Supplemental Grant at $7,211 and for Vice Chair Buck Nordlof and Auditor/Treasurer Lorene Hanson to sign the same. 

HUMAN RESOURCES

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve to hire for the Environmental Specialist Position at grade 9, step 7, points 232, $21.24 per hour.

PUBLIC WORKS
Highway
Approval of SAP 039-633-003
County Engineer, AJ Pirkl, indicated that this request will be brought to the next Board meeting on May 11, 2021.

Update
County Engineer, AJ Pirkl, provided an update on the ditch petition from Daniel Pieper, the petition has been satisfied.  Pirkl is looking at additional work on Judicial Ditch 24 and will provide a cost estimate at the next Board meeting.

Solid Waste/Landfill
Update
County Engineer, AJ Pirkl, provided an update regarding conversations with the MPCA regarding the use of a clay or synthetic cap for the landfill.  Pirkl feels the clay cap will be a better option, as it can be installed and maintained by county staff.

Pirkl requested to set a public input session for Monday, June 21 at 6 p.m. in the Government Center Court Room to discuss solid waste policy for sleeper ice fishing houses and the Legislative-Citizen Commission on Minnesota Resources grant proposal regarding human generated sludge on the lake.

PUBLIC HEALTH
CHI LakeWood Health Public Health Manager, Kay M. Schell and CHI LakeWood Health VP of Operations, Jeffry Stampohar provided an update to the Board regarding COVID-19 cases, vaccines, and testing in Lake of the Woods County.

MIS
Telephone Services

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve Wiktel as the telephone service provider for Lake of the Woods County, at a cost of $1,051 per month.

WETLANDS

Commissioner Jon Waibel requested a work session on wetlands, to discuss ways to be more accommodating regarding wetland information to those interested in building in Lake of the Woods County. No work session date was set at the time.

RECESS
With no further business before the Board, Vice-Chair Buck Nordlof called the meeting to recess at 12:25 p.m.

Attest: May 11, 2021

_________________________________ County Auditor/Treasurer, Lorene Hanson _________________________________ Chair of the Board, Joe Grund

April 13, 2021

The Lake of the Woods County Board of Commissioners met in regular session on Tuesday, April 13, 2021 at Lake of the Woods County Government Center in the Commissioners’ Room. 

CALL TO ORDER

Chair Joe Grund called the meeting to order at 9:00 a.m. and the Pledge of Allegiance was recited with the following members present: Commissioners: Joe Grund, Jon Waibel, Cody Hasbargen and Buck Nordlof.  Commissioner Ed Arnesen arrived to the meeting at 9:05 a.m. Also present: Jaime Boretski-LaValla.

APPROVAL OF AGENDA

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the agenda with the following additions: Lake of the Woods Tourism.

APPROVAL OF MINUTES

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the official and summarized minutes of March 16, 2021.

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the official and summarized minutes of March 23, 2021.

SOCIAL SERVICES

Claims

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following claims: Commissioner Warrants $15,493.15; Commissioner Warrants $2,560.95; Commissioner Warrants $15,900.81.

AUDITOR/TREASURER

Claims

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the claims against the County as follows: Revenue $48,901.60; Road & Bridge $48,593.66; County Development $4,200.50; Solid Waste $38,734; EDA $6,294.56. 

WARRANTS FOR PUBLICATION

Warrants Approved On 4/13/2021 For Payment 4/16/2021

Vendor Name Amount

ByteSpeed, LLC 3,940.00

Cenex Co-Op Services, Inc. 6,756.62

Deputy Registrar No.75 2,609.50

Freeberg & Grund, Inc 21,510.05

Headwaters Regional Development Commiss 6,250.00

Interstate Billing Service Inc 2,725.70

JMD Manufacturing Inc 2,496.00

Lakewood Health Center 5,256.00

LOW Highway Dept 10,573.75

Mar-Kit Landfill 16,120.50

Powerplan 5,192.60

Quadient Finance USA Inc. 4,000.00

R & Q Trucking, Inc 5,150.00

University Of Mn 9,407.00

Voyageurs Comtronics, Inc 2,995.20

WIDSETH 5,250.50

74 Payments less than 2000   36,490.90

Final Total: 146,724.32

Further moved to authorize the payment of the following auditor warrants: March 24, 2021 for $24,982.53; March 31, 2021 for $2,165.13; April 1, 2021 for ($66); April 1, 2021 for ($121.40); April 3, 2021 for $233,831.28; April 7, 2021 for $68,668.03.

Tower Space User Agreement Amendment

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the amendment of the Tower Space User Agreement with Minnkota Power Cooperative, Inc., adding an additional antenna, and for Chair Joe Grund and County Auditor-Treasurer Lorene Hanson to sign the same. The amended agreement will be for $8,500 per year. 

LAKE OF THE WOODS TOURISM

Motion

Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to provide a letter of support for the Resort and Tourism Economic Relief Program and for Chair Joe Grund to sign the same.

LAKE OF THE WOODS SENIOR CLASS TRIP

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Jon Waibel and carried unanimously to donate $2,200 from Con Con Funds to Lake of the Woods School’s Class of 2021, for their class trip.

SHERIFF

Sentencing to Service Joint Powers Agreement

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the Joint Powers Agreement with the State of Minnesota for the Sentencing to Service Program; $2,778.52 for FY2022 and $2,872.99 for FY2023, and for Chair Joe Grund to sign the same.

Approval to purchase cameras

Motion

Motion was made by Commissioner Buck Nordlof, seconded by Commissioner Ed Arnesen and carried unanimously to approve the purchase of cameras, through Marco, for the Sheriff’s Department.

HUMAN RESOURCES

Jail/TAC Administrator Position

Motion

Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve to hire for the Jail/TAC Administrator Position at grade 11, step 9, $24.60 per hour.

Permission to advertise, interview and hire for Night-Time E-911 Corrections Officer

Motion

Motion was made by Commissioner Cody Hasbargen, seconded by Commissioner Ed Arnesen and carried unanimously to approve to advertise, interview and hire for the Night-Time E-911 Corrections Officer position.

PUBLIC WORKS
Highway
Update
AJ Pirkl, County Engineer, provided a Highway Update.  The department is under budget and will plan to use remaining budget dollars for over-time hours on projects.  Ditching work started on April 5^th and it is going well.  Pirkl is evaluating options to repair the County Road 80 drainage issues and plans to start the project in the spring or early summer.  

Solid Waste Landfill
MPCA Update
AJ Pirkl, County Engineer, provided an update on his last meetings with the MPCA regarding the landfill.  Conversations are ongoing regarding the use of a three-foot cap or a synthetic cover for the landfill.

Parks and Rec
Approval to purchase a roll-in dock
AJ Pirkl, County Engineer, discussed quotes received for a dock at Ship’s Wheel public access.  It was the consensus of the Board to go with a Hewitt roll-in dock.  The 30-foot-long and 5-foot-wide dock will cost $3,450.  The dock will be delivered in approximately two weeks.

LAND AND WATER PLANNING
Consideration of Conditional Use Permit #21-04CU by Devlin Reasy
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-04CU by Devlin Reasy: Lots 4 and 5, Block 1, Turgeon Estates, Section Twenty (20), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West, Parcel ID# 24.60.01.040. Applicant is requesting a Conditional Use Permit as required by Section 902 of the Lake of the Woods County Zoning Ordinance to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards of material outside of the shore impact zone of the Rainy River for the purposes of controlling erosion and sedimentation. The Rainy River is an Agricultural River segment.

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Cody Hasbargen and carried unanimously to approve the following Findings of Fact for Devlin Reasy to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards of material outside of the shore impact zone of the Rainy River for the purposes of controlling erosion and sedimentation as presented: 

Lake of the Woods County Board of Commissioners
Findings of Fact and Decision

Name of Applicant: Devlin Reasy Date:  April 13, 2021

Location/Legal Description:  Lots 4 and 5, Block 1, Turgeon Estates, Section Twenty (20), Township One Hundred Sixty-one (161) North, Range Thirty-one (31) West, Parcel ID# 24.60.01.040.

Project Proposal: Applicant is requesting to move more than ten (10) cubic yards of material within the shore impact zone and more than fifty (50) cubic yards of material outside of the shore impact zone of the Rainy River for the purpose of controlling erosion and sedimentation.

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

Why or why not?  Control erosion.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (X) NO (  )  N/A (  )

Why or why not?  Erosion control.

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (X)  NO (  )  N/A (  )

Why or why not?  Will not adversely affect these.

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (X)  NO (  )  N/A (  )

Why or why not?  Reason for project.

7. Is the site in harmony with existing and proposed access roads?     YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

8. Is the project proposal compatible with adjacent land uses? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

9. Does the project proposal have a reasonable need to be in a shoreland location?

YES (X)  NO (  )  N/A (  )

Why or why not?  Reason for project.

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                 YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                               YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                       YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:  None

Approved as Presented (X) Approved with Conditions ( ) Denied  (  )

April 13, 2021 _____________________________________

Date Joseph Grund, Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit #21-05CU by Knife River on behalf of The Welberg Family Trust
Land and Water Planning Director, Josh Stromlund met with the Board and presented a Consideration of Conditional Use Permit #21-05CU by Knife River on behalf of The Welberg Family Trust:  The SW¼NE ¼; SE¼NW¼; NE¼SW¼; NW¼SE¼; Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Parcel ID# 19.36.13.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the expansion and continue the extractive and commercial use of the property consisting of aggregate mining and washing and hot mix asphalt plant in a Rural Residential Zoning District (R2).

Motion
Motion was made by Commissioner Ed Arnesen, seconded by Commissioner Jon Waibel and carried unanimously to approve the following Findings of Fact for Knife River on behalf of The Welberg Family Trust to allow the expansion and continue the extractive and commercial use of the property consisting of aggregate mining and washing and hot mix asphalt plant in a Rural Residential Zoning District (R2), the specific conditions of approval are as follows:
1. The Conditional Use Permit is valid for ten years and terminates on April 13, 2031.
2. Must meet all applicable Minnesota Pollution Control Agency rules and regulations.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Knife River on behalf of The Welberg Family Trust Date:  April 13, 2021

Location/Legal Description:  The SW¼NE ¼; SE¼NW¼; NE¼SW¼; NW¼SE¼; Section Thirty-six (36), Township One Hundred Sixty-two (162) North, Range Thirty-two (32) West, Parcel ID# 19.36.13.000.

Project Proposal: Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow the expansion and continue the extractive and commercial use of the property consisting of aggregate mining and washing and hot mix asphalt plant in a Rural Residential Zoning District (R2).

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

Why or why not?  Existing aggregate mining.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (X)  NO (  )  N/A (  )

Why or why not?  Aggregate mining proposal.

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  )  NO (  )  N/A (X)

Why or why not?  No change.

7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )

Why or why not?  Same access as before expansion.

8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )

Why or why not?  No change.

9)  Does the project proposal have a reasonable need to be in a shoreland location?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

10.  Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

14.  If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                                                      YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                               YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                       YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

1. The Conditional Use Permit is valid for ten (10) years and terminates on April 13, 2031.
2. Must meet all applicable Minnesota Pollution Control Agency rules and regulations.

Approved  as Presented  (  ) Approved with Conditions  (X) Denied  (  )

April 13, 2021 _____________________________________

Date Joseph Grund, Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

Consideration of Conditional Use Permit #21-06CU by Knife River on behalf of Michael Gamache
Consideration of Conditional Use Permit #21-06CU by Knife River on behalf of Michael Gamache:  The SW¼NW ¼, Section Three (3), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West, Parcel ID# 23.03.23.000. Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow extractive use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2).

Motion
Motion was made by Commissioner Jon Waibel, seconded by Commissioner Buck Nordlof and carried unanimously to approve the following Findings of Fact for Knife River on behalf of Michael Gamache to allow extractive use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2), the specific conditions of approval are as follows:
1. Conditional Use Permit terminates upon completion of the Lake of the Woods County CSAH #6 road       project.
2.  A dust control plan is to be submitted to and approved by the Lake of the Woods Public Works Director.

Lake of the Woods County Board of Commissioners

Findings of Fact and Decision

Name of Applicant: Knife River on behalf of Michael Gamache Date:  April 13, 2021

Location/Legal Description:  The SW¼NW ¼, Section Three (3), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West, Parcel ID# 23.03.23.000.

Project Proposal:  Applicant is requesting a Conditional Use Permit as required by Section 401.C of the Lake of the Woods County Zoning Ordinance to allow extractive use of the property consisting of aggregate mining in a Rural Residential Zoning District (R2).

1. Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO (  )  N/A (  )

Why or why not?  Aggregate mining.

2. Is the project proposal consistent with maintaining the public health, safety, and welfare?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

3. Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading?                        YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

4. Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover?                                            YES (X)  NO (  )  N/A (  )

Why or why not?  Aggregate mining to create a pond.

5. Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

6. Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal?

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

7. Is the site in harmony with existing and proposed access roads?     YES (X)  NO (  )  N/A (  )

Why or why not?  Existing road.

8. Is the project proposal compatible with adjacent land uses? YES (X)  NO (  )  N/A (  )

Why or why not?  Existing pit.

9. Does the project proposal have a reasonable need to be in a shoreland location?

YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

10. Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

11. Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance?         YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

12. Is the site adequate for water supply and on-site sewage treatment systems?

YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

13. Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

14. If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought?                                                YES (  ) NO (  )  N/A (X)

Why or why not? ______________________________________________________

15. Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?                                                                                                YES (  )  NO (X)  N/A (  )

Why or why not?  Not needed – vegetative cover in place.

16. If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible?                                                                                 YES (  )  NO (  )  N/A (X)

Why or why not? ______________________________________________________

17. If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? 

                                                                                                         YES (X) NO (  )  N/A (  )

Why or why not?  Via 38^th Ave NW.

If all answers to the Findings of Fact-Criteria are either “Yes” or are “Not Applicable” to the request, the criteria for granting the conditional use permit have been met. The conditional use permit will maintain the goals of safety, health, and general welfare of the public.  

The specific conditions of approval are as follows:

1. The Conditional Use Permit terminates upon completion of the Lake of the Woods County CSAH #6 road project.
2. A dust control plan is to be submitted to and approved by the Lake of the Woods Public Works Director.

Approved  as Presented  (  ) Approved with Conditions  (X) Denied  (  )

April 13, 2021 _____________________________________

Date Joseph Grund, Chair, County Board

This is in accordance with Section 1204 of the Lake of the Woods County Zoning Ordinance.

RECESS
With no further business before the Board, Chair Joe Grund called the meeting to recess at 10:18 a.m.

Attest: April 27, 2021

_________________________________ _________________________________

County Auditor/Treasurer, Lorene Hanson Chair of the Board, Joe Grund